Patna High Court
CR. MISC./57808/2026 of Arvind Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57808 of 2026 Arising Out of PS. Case No.-39 Year-2026 Thana- PAWANA District- Bhojpur ====================================================== Arvind Kumar S/o Sunil Yadav R/o Village- Pawar, P.S.- Pawana, District- Bhojpur ... ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57808 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- PAWANA District- Bhojpur ======================================================
Arvind Kumar S/o Sunil Yadav R/o Village- Pawar, P.S.- Pawana, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Hari Mohan Tripathi
For the Opposite Party/s :
Mr. Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Pawna Case No.39 of 2026, FIR dated 08.05.2026, registered for the offence punishable under Sections 292, 296, 3(5) of the Bharatiya Nyaya Sanhita and 25(9) of the Arms Act.
3. As per the FIR, the police received an information about a viral video through social media/ news channel. On seeing the said video, it was found that two young men having pistol in their hands were dancing with a lady dance on obscene song.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that, on the allegation of having a Patna High Court CR. MISC. No.57808 of 2026(2) dt.19-08-2026
pistol in his hand and dancing in a drunken condition, the petitioner and co-accused Vishal Kumar have been made accused on the basis of the viral video. It is submitted that the certificate under Section 65A of the Indian Evidence Act, required in respect of such electronic evidence, has not been appended with the FIR. It is further submitted that, for the same allegation, co-accused Vishal Kumar has already been granted the privilege of anticipatory bail vide order dated 29.07.2026 passed in Cr. Misc. No. 51024 of 2026. It is further submitted that the petitioner undertakes not to indulge in such an act in future and shall cooperate in the trial. Lastly, it is submitted that the petitioner has one criminal antecedent, in which he is on bail.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, particularly the fact that the petitioner has been implicated on the basis of the viral video and co-accused Vishal Kumar, against whom similar allegations have been levelled, has already been granted the privilege of anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a Patna High Court CR. MISC. No.57808 of 2026(2) dt.19-08-2026
period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur at Ara/Successor Court in connection with Pawna P.S. Case No.39 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
shikha/- (Ajit Kumar, J) U T